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By Sujit Choudhry
The migration of constitutional rules throughout jurisdictions is rapidlyemerging as one of many relevant gains of latest constitutionalpractice. The expanding use of comparative jurisprudence in interpretingconstitutions is one instance of this. during this publication, prime figures in thestudy of comparative constitutionalism and comparative constitutionalpolitics from North the United States, Europe, and Australia talk about the dynamicprocesses wherein constitutional platforms impression one another. Theyexplore simple methodological questions that have so far bought littleattention, and consider the complicated courting among nationwide andsupranational constitutionalism – a topic of substantial contemporaryinterest in Europe. The migration of constitutional principles is mentioned from avariety of methodological views – comparative legislations, comparativepolitics, and cultural stories of legislation – and individuals draw on case studiesfrom a large choice of jurisdictions: Australia, Hungary, India, SouthAfrica, the uk, the us, and Canada.
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Extra info for Migration constitutional ideas
P. 444. 20 sujit choudhry notes in her contribution to this volume, ‘[m]etaphors matter in shaping thought, and so it is crucial to get the metaphors right for highlighting key features of the matter under discussion’. Metaphors highlight some features of phenomena, while casting shadow on others. So the challenge is to locate the right metaphor. Unfortunately, the inadequacies of the idea of legal transplants in the world of comparative law are matched by its counterpart in comparative constitutional law, ‘constitutional borrowing’.
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Neil Walker aptly summarizes the benefits of the migration metaphor in his contribution to this volume: Migration . . is a helpfully ecumenical concept in the context of the inter-state movement of constitutional ideas. Unlike other terms current in the comparativist literature such as ‘borrowing’, or ‘transplant’ or ‘cross-fertilization’, it presumes nothing about the attitudes of the giver or the recipient, or about the properties or fate of the legal objects transferred. Rather, as we shall develop in due course, it refers to all movements across systems, overt or covert, episodic or incremental, planned or evolved, initiated by giver or receiver, accepted or rejected, adopted or adapted, concerned with substantive doctrine or with institutional design or some more abstract or intangible constitutional sensibility or ethos.